woman has been awarded €83,000 damages after she was injured in a slip accident within a Dunnes Stores facility located in Dublin.
Doris Whelan sued Dunnes Stores for the injuries she sustained after falling over at the retailer’s facility in Walkinstown Co. Dublin in 2013.
Mr Justice Michael Hanna said he was convinced the victim had fallen over due to an oil-like substance on the store’s floor and stated she was fully entitled to damages.
Ms Whelan, aged 58 from Co. Kildare, claimed Dunnes Stores was negligent in allowing the floor to be unsafe and hazardous, resulting in her slip and fall.
Arising out of her fall, the former sales assistant said she suffered significant soft tissue injuries to her knees, which over some time, severely affected her ability to walk and stand. She eventually had to undergo knee replacement surgery.
Dunnes denied liability and pleaded she had contributed to her injuries by failing to look where she was going.
Mr Justice Hanna said, from the evidence before the court, which included CCTV footage, he had no doubt Ms Whelan had slipped and fallen on her knees while wearing flat shoes. He accepted the victim had slipped on a small amount of an oil-like substance, which came from a stock trolley used to stock shelves in the supermarket. The defence had not produced any evidence to counter that claim, he said.
He also found Ms Whelan had not overstated nor exaggerated her injuries nor details of her fall to the court. Before the accident, Ms Whelan had no prior history of knee problems and she had undergone knee replacement surgery many years before she would ordinarily require it, he said.
Ms Whelan was awarded total damages of €83,250 in compensation for the slip/trip accident claim. Mr Justice Hanna also placed a stay on the award, provided an interim payment of €40,000 is made to Ms Whelan in the event of an appeal.
Am I entitled to compensation after a slip or trip accident?
If you have sustained injuries after a slip or trip accident that you believe was through no fault of your own, you may be entitled to compensation. If you’d like more information on pursuing a slip/trip accident claim, please fill out our free online assessment form.
Original Source: The Irish Times